‘ Companies repeatedly convicted of regulatory offences should expect fines to be in the millions of pounds following a string of recent court cases.’
OUT-LAW.com, 22nd June 2015
Source: www.out-law.com
‘The Court of Appeal has rejected a developer’s challenge over the inclusion of site allocation policies in a neighbourhood development plan. The appellant in Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Ors [2015] EWCA Civ 597 was a house-building company with a commercial interest in land to the west of Ayston Road in the town of Uppingham in the county of Rutland.’
Local Government Lawyer, 18th June 2015
Source: www.localgovernmentlawyer.co.uk
‘A heavily-redacted government report on the impacts of fracking on house prices, businesses and services in rural areas must be published in full, the UK’s information commissioner has ruled.’
The Guardian, 18th June 2015
Source: www.guardian.co.uk
‘Companies that persistently breach environmental regulations should expect a “substantial increase” in fines levied for their second and subsequent offences, judges in the Court of Appeal have warned.’
OUT-LAW.com, 12th June 2015
Source: www.out-law.com
‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’
Law Society’s Gazette, 18th May 2015
Source: www.lawgazette.co.uk
‘A charity, which successfully took the last Heathrow expansion scheme to court, says it could do the same again if ministers press ahead with a new runway at either Heathrow or Gatwick.’
BBC News, 18th May 2015
Source: www.bbc.co.uk
‘The Court of Appeal gave guidance as to the approach of a decision-maker when determining, for the purposes of section 14(1) of the Freedom of Information Act 2004, whether a right to information request was vexatious and whether, for the purposes of regulation 12(4)(b) of the Environmental Information Regulations 2004, a request for environmental information was “manifestly unreasonable”.’
WLR Daily, 14th May 2015
Source:www.iclr.co.uk
‘A First-Tier Tribunal judge has dismissed a challenge by developer Banner Homes to the listing of a 4.83 hectare site by St Albans City and District Council as an asset of community value (ACV).’
OUT-LAW.com, 5th May 2015
Source: www.out-law.com
‘A Greenpeace advert opposing fracking has been banned for claiming experts agreed that the process would not cut energy bills.’
The Independent, 6th May 2015
Source: www.independent.co.uk
‘R (ClientEarth) v Secretary of State for Environment, Food & Rural Affairs, Supreme Court, 29 April 2015. Bit of a history to this one, with 5 hearings so far. The short version is that in May 2013, the UK Supreme Court (here), faced with the UK’s non-compliance with EU Directive 2008/50 (nitrogen dioxide etc in air), decide to refer various issues to the CJEU in Luxembourg. In 2014, the CJEU said its piece, (C404-13 and my post here), and its views are now considered by the Supreme Court, hence this second SC judgment.’
UK Human Rights Blog, 30th April 2015
Source: www.ukhumanrightsblog.com
Supreme Court, 29th April 2015
‘The High Court has rejected a parish council’s challenge to the joint planning strategy of several Nottinghamshire local authorities after finding that the correct approach had been taken to the proposed alteration of green belt boundaries.’
OUT-LAW.com, 28th April 2015
Source: www.out-law.com
‘Water and sewage utility companies are “public authorities” for the purposes of the environmental information regulations, and are bound by them accordingly, the Administrative Appeals Chamber of the Upper Tribunal has ruled.’
UK Human Rights Blog, 16th April 2015
Source: www.ukhumanrightsblog.com
‘A Supreme Court ruling this week could finally force the Government to drastically speed up its plans to deal with dangerous levels of air pollution, as a long-running battle over illegal levels of nitrogen dioxide comes to a head.’
The Independent, 12th April 2015
Source: www.independent.co.uk
‘Nuclear waste dumps can be imposed on local communities without their support under a new law rushed through in the final hours of parliament.’
The Guardian, 5th April 2015
Source: www.guardian.co.uk
‘Several new types of existing buildings will be able to be converted into homes without full planning permission from 15 April under UK planning reforms that will also introduce the “deemed discharge” of certain planning conditions.’
Full story
OUT-LAW.com, 31st March 2015
Source: www.out-law.com
‘This paper is intended to provide a focused update in relation to the most significant cases within the last twelve months of interest to those practicing in the area of environmental and planning law. In relation to each of the cases, the paper sets out asummary of the pertinent facts, the key issues decided by the case, together with some reflections on the legal and practical implications of the decisions.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘Friends of the Earth Cymru wants a judge to examine how ministers decided to press ahead with the 14-mile new stretch of motorway around Newport.’
BBC News, 10th March 2015
Source: www.bbc.co.uk
‘As my colleague Robin Hopkins has warned, the decision of the Upper Tribunal in Fish Legal looks like a pretty big beast: sixty pages on whether water companies are public authorities for the purposes of the Environmental Information Regulations, applying the CJEU’s lengthy ruling on the points of principle (for which, see this post by Chris Knight).’
Panopticon, 24th February 2015
Source: www.panopticonblog.com
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